Is trademark marking mandatory in the Republic of Korea?

The Korean Trademark Act provides that a trademark owner can use the ® registration symbol if the mark is registered in Korea. It is permissible to use the ™ symbol as a trademark indication regardless of whether the mark is registered or the application is pending. According to the Korean Trademark Act, the use of the® registration symbol in connection with a mark that is not registered in Korea is deemed to be a false representation. Any person found to be in violation of this provision may be fined up to 20 million South Korean won (US$15 000) or imprisonment of up to three years.

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